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Research On The Issues Of Wrongful Conviction

Posted on:2009-07-15Degree:DoctorType:Dissertation
Country:ChinaCandidate:L L ZhaoFull Text:PDF
GTID:1116360272983874Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years some wrongful convictions have been disclosed.How to avoid and reduce wrongful conviction has become the focus.Wrongful conviction in this paper mainly means that the innocence is convicted.The paper is divided into three parts:introduction,straight matter(five chapters) and conclusion.Besides,the appendix at the end includes 50 wrongful convictions since the foundation of the People's Republic of China in 1949.Introduction.It mainly focuses on two issues:One is the background, motive,significance and present research situation of the topic.The other is the methods of the research,including documentary research,comparative method,case study,multiple subjects and so on.Chapter One:Outline.This chapter gives the connotation of wrongful conviction,which lays the foundation for the following elaboration.Chapter Two:The Causes of the Wrongful Conviction.The causes are complicated,so this chapter divides them into four kinds,namely the cause on the evidence,the factor about the person,the factor about the system as well as the cause outside criminal procedure.Chapter Three:The Prevention of the Wrongful Conviction.This chapter puts forward some proposals.The principle of presumption of innocence may play some role in the prevention.At the same time,such systems as the investigation,prosecution,trial,defense,expert evidence and so on need reform. Chapter Four:The Discovery and Correction of the Wrongful Conviction.In the practice some wrongful convictions are discovered and corrected by means of occasional factors.Therefore,the chapter points out some suggestion on the basis of the analysis on the present situation.Chapter Five:The Compensation and Responsibility.The scope of the state compensation should be expanded,the standard of compensation should be improved and the procedure of applying for compensation fee should be simplified.Those responsible for the wrongful conviction should be punished,but strict standards and due procedure must be observed.Conclusion.The legislation and practice should pay more attention to the prevention of wrongful conviction of the innocence.Meanwhile,the resource of justice should be effectively disposed.
Keywords/Search Tags:wrongful conviction, cause, prevention, remedy
PDF Full Text Request
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